Davis v. State

On the trial of this case the prosecuting witness, a girl about 17 years of age at the time of trial, was permitted to testify over the objection of defendant that at a certain time defendant “tried to have intercourse with me.” It is insisted here that' this is a conclusion of the witness. It is true that in Dean v. State, 19 Ala. App. 96, 95 So. 328, this court held that a witness could not testify to the conclusion, “He was trying to force an intercourse with me,” but the question here is very different. In the Dean Case the conclusion was as to force and not as to intercourse. Intercourse…